Idahoan Republicans are urging the Supreme Court to rethink the decision made on Obergefell v Hodges, the case that legalized same-gender marriage nationwide. Ultimately, they want it reversed, and are parading it as “states rights,” as they often do in cases when they want to change a law.
Republican representative Heather Scott called for the reversal, calling the initial decision “illegitimate overreach” and asking the court to bring back the “natural definition of marriage,” meaning between one man and one woman.
During his first presidency, Trump appointed three conservative justices, and two of the sitting justices have made it clear they want the decision revisited. Clarence Thomas and Samuel Alito both dissented against the original decision. They found the ruling to be against the “religious liberty interests protected by the First Amendment” according to their statements at the time.
In 2022, Thomas made his view much clearer, stating that the court “should reconsider all of (its) substantive due process precedents, including Griswold, Lawrence, and Obergefell.” Scott wants to be able to regulate it at the state level, which is to say, she wants LGBTQ+ Idahoans to be unable to be legally wed and for other states to be able to take away this right as well.
The legislators have not yet passed the resolution to actually ask the Supreme Court to change anything, nor would it necessarily mean anything legally binding, but it would be a symbolic victory for their supporting a second look at the decision 10 years later.
The Democrats within the Idaho legislature showed their support for same-gender marriage, stating to local news outlet WTOV9, “At this point, all Idahoans know and love someone who is part of the LGBTQ community. Same-sex marriage is not going anywhere; it has been the law of the land for a decade.” Here, here, Democratic caucus!
